United States v. Gementera
E709612
United States v. Gementera is a federal appellate case known for upholding a controversial shaming-based condition of supervised release imposed on a mail thief, raising significant debate about the limits of creative sentencing under the Eighth Amendment.
All labels observed (1)
| Label | Occurrences |
|---|---|
| United States v. Gementera canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T8067886 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: United States v. Gementera Context triple: [Alex Kozinski, notableCaseInvolvement, United States v. Gementera]
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A.
United States v. Gardner
United States v. Gardner is a federal court case that examined the scope of Congress’s authority over federal lands under the U.S. Constitution’s Property Clause.
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B.
United States v. Eichman
United States v. Eichman is a 1990 U.S. Supreme Court case that struck down a federal law banning flag desecration as unconstitutional under the First Amendment’s protection of free speech.
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C.
United States v. Bajakajian
United States v. Bajakajian is a 1998 U.S. Supreme Court case that held, for the first time, that a criminal forfeiture could violate the Eighth Amendment’s Excessive Fines Clause if it is grossly disproportionate to the gravity of the offense.
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D.
United States v. Guest
United States v. Guest is a 1966 U.S. Supreme Court case that held the federal government can prosecute private conspiracies to interfere with constitutional rights, particularly the right to travel, under certain circumstances.
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E.
United States v. Giordano
United States v. Giordano is a U.S. Supreme Court case that clarified the strict procedural requirements for federal wiretap authorizations and limited who may approve such surveillance orders.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: United States v. Gementera Target entity description: United States v. Gementera is a federal appellate case known for upholding a controversial shaming-based condition of supervised release imposed on a mail thief, raising significant debate about the limits of creative sentencing under the Eighth Amendment.
-
A.
United States v. Gardner
United States v. Gardner is a federal court case that examined the scope of Congress’s authority over federal lands under the U.S. Constitution’s Property Clause.
-
B.
United States v. Eichman
United States v. Eichman is a 1990 U.S. Supreme Court case that struck down a federal law banning flag desecration as unconstitutional under the First Amendment’s protection of free speech.
-
C.
United States v. Bajakajian
United States v. Bajakajian is a 1998 U.S. Supreme Court case that held, for the first time, that a criminal forfeiture could violate the Eighth Amendment’s Excessive Fines Clause if it is grossly disproportionate to the gravity of the offense.
-
D.
United States v. Guest
United States v. Guest is a 1966 U.S. Supreme Court case that held the federal government can prosecute private conspiracies to interfere with constitutional rights, particularly the right to travel, under certain circumstances.
-
E.
United States v. Giordano
United States v. Giordano is a U.S. Supreme Court case that clarified the strict procedural requirements for federal wiretap authorizations and limited who may approve such surveillance orders.
- F. None of above. chosen
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf |
criminal case
ⓘ
federal appellate court case ⓘ |
| areaOfLaw |
constitutional law
ⓘ
criminal law ⓘ sentencing law ⓘ |
| circuit | Ninth Circuit NERFINISHED ⓘ |
| citation | 379 F.3d 596 ⓘ |
| constitutionalProvisionCited |
18 U.S.C. § 3553(a)
ⓘ
Eighth Amendment to the United States Constitution NERFINISHED ⓘ |
| controversy |
limits of judicial creativity in sentencing
ⓘ
use of public shaming as a criminal sanction ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Ninth Circuit NERFINISHED ⓘ |
| crimeCharged | mail theft ⓘ |
| defendant | Mario Gementera NERFINISHED ⓘ |
| frequentlyCitedFor |
analysis of shaming sanctions under the Eighth Amendment
ⓘ
scope of district court discretion in imposing supervised release conditions ⓘ |
| holding |
challenged condition reasonably related to legitimate sentencing objectives
ⓘ
shaming condition did not violate the Eighth Amendment ⓘ upheld shaming-based condition of supervised release ⓘ |
| jurisdiction | United States Court of Appeals for the Ninth Circuit NERFINISHED ⓘ |
| legalIssue |
Eighth Amendment
NERFINISHED
ⓘ
conditions of supervised release ⓘ creative sentencing ⓘ cruel and unusual punishment ⓘ shaming sanctions ⓘ |
| opinionType | majority opinion ⓘ |
| panelDecision | yes ⓘ |
| party |
Mario Gementera
NERFINISHED
ⓘ
United States NERFINISHED ⓘ |
| reasoning |
condition furthered legitimate penological goals beyond humiliation alone
ⓘ
condition was not grossly disproportionate to the offense ⓘ shaming condition was tied to educational and rehabilitative components ⓘ |
| result | sentence affirmed in relevant part ⓘ |
| sentencingObjective |
deterrence
ⓘ
protection of the public ⓘ rehabilitation ⓘ |
| statuteInvolved | 18 U.S.C. § 1708 ⓘ |
| subjectOf |
casebook discussions on the Eighth Amendment and sentencing innovation
ⓘ
law review commentary on alternative sanctions ⓘ |
| supervisedReleaseCondition |
apology letters to victims
ⓘ
participation in educational programs about the impact of theft ⓘ requirement that defendant stand outside a post office with a sign describing his offense ⓘ requirement that defendant wear a sign stating he stole mail ⓘ |
| topicOf | debate over shaming punishments in modern criminal justice ⓘ |
| yearDecided | 2004 ⓘ |
How these facts were elicited
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You are a knowledge base construction expert. Given a subject entity and a description of it, return factual statements that you know for the subject as a JSON list of dictionaries(triples), where keys must be "subject", "predicate" and "object". The number of facts may be very high, between 25 to 50 or more, for very popular subjects. For less popular subjects, the number of facts can be very low, like 5 or 10. # Requirements - If you don't know the subject at all, return an empty list. - If the subject is not a named entity, return an empty list. - Include at least one triple where predicate is "instanceOf". - Do not get too wordy. - Separate several objects into multiple triples with one object.
Subject: United States v. Gementera Description of subject: United States v. Gementera is a federal appellate case known for upholding a controversial shaming-based condition of supervised release imposed on a mail thief, raising significant debate about the limits of creative sentencing under the Eighth Amendment.
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.